TitleCitationYearSummaryMost RelevantTypeStatus
Forsyth v. Nash 4 Mart.(o.s.) 385, Supreme Court of Louisiana (June 01, 1816) 1816 APPEAL FROM THE COURT OF THE PARISH AND CITY OF NEW ORLEANS.   Cases  
Garland v. Bugg 5 Munf. 166, Supreme Court of Appeals of Virginia (October 11, 1816) 1816 1. After a Distringas upon a Judgment in Detinue has been returned executed, but without satisfaction, if the Court, on the plaintiffs motion, direct the Distringas to be superseded, so far as it related to the specific property, and to be executed as to the alternative value, such order is not erroneous; but it seems, the plaintiff may have a new...   Cases  
Guignard v. Mayrant 4 Des. 614, Court of Appeals of Equity of South Carolina (February 01, 1816) 1816 A. being about to marry, settled on his wife 500l. in lieu of the fortune he expected to get by her. He afterwards died, leaving her a considerable legacy, expressly in lieu and bar of dower. The court decreed that the legacy was not a satisfaction of the debt.   Cases  
Guillot v. Dossat 4 Mart.(o.s.) 203, Supreme Court of Louisiana (March 01, 1816) 1816 APPEAL FROM THE COURT OF THE FIRST DISTRICT.   Cases  
Hammonds v. Kemer 4 Tenn. 145, Supreme Court of Errors and Appeals of Tennessee (December 01, 1816) 1816 The power of the Supreme Court, under 1809, 49, 26 and 27 (see Code, 3159), to grant writs of error, extends to all cases where the court below gives judgment or makes a decision or decree; and, after a final judgment, the court may rectify any mistake or error which hath intervened and caused a material injury to either party; and may, therefore,...   Cases  
Haywood v. Craven's Ex'rs 4 N.C. 360, Supreme Court of North Carolina (July 01, 1816) 1816 As those mebers of the court, who alone can decide in this case, have no doubt on the subject, and both parties seem anxious to avoid further delay, we see no reason to postpone the judgment; although it would have been more consonant to the respect with which we have listened to the able arguments on the part of the defendant, to have stated...   Cases  
Hodges v. Pitman 4 N.C. 276, Supreme Court of North Carolina (January 01, 1816) 1816 Money won at gaming and paid, canot be recovered back by the loser. This was an action brought to recover back money which the defendant had won by gaming at cards, and which the plaintiff had paid at the time of playing. The cause was tried before TAYLOR, C. J. at Cumberland Superior Court, when the jury, under charge of the court, that the law...   Cases  
Hudson v. Hudson's Adm'r 5 Munf. 180, Supreme Court of Appeals of Virginia (October 25, 1816) 1816 The Court being of opinion that the Appellant Mrs. Hudson consented to the repairs made upon the barn in the proceedings mentioned, is farther of opinion that the sum expended thereupon by the Appellee should be allowed him, to be paid by Mrs. Hudson as tenant for life of the premises, except such part thereof as may be deemed adequate to...   Cases  
Inhabitants of Stockbridge v. Inhabitants of West Stockbridge 13 Mass. 302, Supreme Judicial Court of Massachusetts (September 01, 1816) 1816 It is within the legitimate powers of the Court to grant a review of an action in which judgment has been rendered upon a case stated and agreed by the parties. THIS was a petition for a review of an action which was decided between these parties at the last September term. [Vide Ante, vol. xii. page 400.] The petitioners set forth in their...   Cases  
Jackson v. Hallenbeck 13 Johns. 499, Supreme Court of New York (January 01, 1816) 1816 A., being the owner of certain lands in the Lunenburgh patent, died, after having devised the same to his wife during her widowhood, remainder to B. and his other three brothers: a dispute having arisen between C., the daughter of B., and her husband and the other devisees of A., as to the portion of land to which she was entitled, her portion was...   Cases  
Jackson v. Hallenbeck 13 Johns. 499 (January 01, 1816) 1816 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Johnson v. Boon's Heirs 4 Mart.(o.s.) 380, Supreme Court of Louisiana (May 01, 1816) 1816 APPEAL FROM THE THIRD DISTRICT.   Cases  
Johnson v. Hendley 5 Munf. 219, Supreme Court of Appeals of Virginia (November 09, 1816) 1816 1. A Bill for relief against a writing purporting an acknowledgment of a gift of property by the complainant to the defendant, on the ground of its having been obtained by fraud, presents a proper case for equitable jurisdiction, though a suit at law, founded upon such writing, might be defeated without coming into equity. 2. The second point in...   Cases  
Kendall's Ex'r v. Kendall 5 Munf. 272, Supreme Court of Appeals of Virginia (November 30, 1816) 1816 1. The addition of a Codicil to a Will is not sufficient to operate as a devise of Lands purchased by the Testator between the date of the Will and the date of the Codicil; there being no words in the Codicil indicating such to be the intention of the Testator. 2. What articles are not comprehended in a bequest of Stock, Plantation Utensils,...   Cases  
Labranche v. Watkins 4 Mart.(o.s.) 391, Supreme Court of Louisiana (June 01, 1816) 1816 APPEAL FROM THE SECOND DISTRICT.   Cases  
Lightfoot's Ex'rs v. Colgin 5 Munf. 42, Supreme Court of Appeals of Virginia (February 14, 1816) 1816 1. A wife has not such an interest in that portion of the personal estate of her husband, to which she may be entitled in the event of his dying intestate, or leaving a will which she may renounce, as that an absolute and irrevocable, though merely voluntary, deed thereof, executed by him to his children by a former marriage, can be considered a...   Cases  
Littlejohn v. Underhill's Ex'r 4 N.C. 377, Supreme Court of North Carolina (July 01, 1816) 1816 The principal question in this case depends upon, whether the judgments obtained after the service of the writ and before plea, be of such a nature, as hold the executor responsible for the assets he had when served with the writ? and if these judgments had been, that the plaintiff then have execution, and not quando, it seems admitted they would,...   Cases  
Mann v. Mann 14 Johns. 1, Court for the Correction of Errors of New York (January 01, 1816) 1816 The intention of a testator must be collected from the will itself. Parol evidence is inadmissible to explain, vary, or enlarge the words of a will, except in the case of a latent ambiguity, or to rebut a resulting trust. Where the testator bequeathed to his wife all the rest, residue, and remainder of the moneys belonging to his estate at the time...   Cases  
Massey v. Massey's Lessee 4 H. & J. 141, Court of Appeals of Maryland (May 01, 1816) 1816 A F was, by a decree of the court of chancery, appointed a trustee to sell certain lands for the payment of the debts of W F, deceased, and authorised, upon the confirmation of the sale and receipt of the purchase money, to execute a conveyance to the purchaser, and his heirs. A F sold the lands to J M, and the sale was confirmed by the chancellor....   Cases  
McFarland v. Patterson 4 N.C. 421, Supreme Court of North Carolina (July 01, 1816) 1816 We are of opinion, that the loss of the written agreement was not sufficiently established to let in the plaintiff to prove the contents of it by parol. This case does not come within that class of cases which authorises a plaintiff to abandon his count predicated upon a special undertaking which has been reduced to writing, and recover on a...   Cases  
McMurtry v. Henry 4 Bibb 410, Court of Appeals of Kentucky (October 14, 1816) 1816 If the defendant pleads an insufficient plea no irregularity on the trial of the issue on that plea will authorize a reversal at his instance. When a constable justifies by an execution from a justice of the peace, his plea ought to show that the amount of the execution was within the jurisdiction of the justice, and that he levied it before the...   Cases  
Medley v. Jones 5 Munf. 98, Supreme Court of Appeals of Virginia (March 06, 1816) 1816 The court, considering that the money now in controversy was paid by the agent of the appellee to the appellant, an assignee without notice of any equity existing against the bond assigned;--which appellee, by his said agent, was competent to waive the assertion by the alleged equity, in relation to such assignee, and, further, considering that the...   Cases  
Milledge v. Lamar 4 Des. 617, Court of Appeals of Equity of South Carolina (February 01, 1816) 1816 A. conveyed all his property real and personal to his natural son B. by deed, to take effect after his, the donor's death; but if his son should die without any heir of his body, then the whole of the then remaining property to be equally divided between the children of his three brothers. A. kept possession of the property until his death, leaving...   Cases  
Morgan v. McGowan 4 Mart.(o.s.) 209, Supreme Court of Louisiana (March 01, 1816) 1816 APPEAL FROM THE COURT OF THE PARISH AND CITY OF NEW ORLEANS. [For subsequent opinion, see 4 Mart. (O. S.) 289.]   Cases  
Morgan v. McGowan 4 Mart.(o.s.) 289, Supreme Court of Louisiana (April 01, 1816) 1816 [For prior opinion, see Morgan v. McGowan, 4 Mart. (O. S.) 209.]   Cases  
Morris v. Gilliam 4 Tenn. 165, Supreme Court of Errors and Appeals of Tennessee (December 01, 1816) 1816 It appeared upon the record in this cause that on the 3d day of August, 1807, John Gilliam made an entry of 200 acres, his occupant claim. That on the same 3d day of August, 1807, Daniel Morris made an entry of 200 acres, his occupant claim. That the number of Gilliam's entry was 15, and the number of Morris's entry 33. That Morris caveated the...   Cases  
Netherton v. Robertson 4 Tenn. 29, Supreme Court of Errors and Appeals of Tennessee (November 01, 1816) 1816 A person whose knowledge of the fact, as to which he is called to testify, was acquired at the same moment he became interested in the subject-matter of controversy, is incompetent as a witness. (See Tatum v. Lofton, Cooke, 117; Rogers v. Burton, Peck, 108; Lea v. Henderson, 1 Cold., 148.) Thus, a witness, who states that the bond sued on was...   Cases  
Overseers of Poor of City of Hudson v. Overseers of Poor of Town of Taghkanac 13 Johns. 245, Supreme Court of New York (May 01, 1816) 1816 A binding by a voidable indenture, and a service under it for two years, gives the apprentice a settlement in the town in which he served; and it is not competent for the town to object to the validity of the binding. TWO justices of the peace of the town of Taghkanac, in the county of Columbia, had made an order for the removal of Elizabeth Heydon...   Cases  
Overseers of Poor of City of Hudson v. Overseers of Poor of Town of Taghkanac 13 Johns. 245 (May 01, 1816) 1816 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Pitts' Trustees v. Viley 4 Bibb 446, Court of Appeals of Kentucky (November 21, 1816) 1816 A deed conveying property to trustees to be sold for the payment of debts, held fraudulent because judgments were obtained against the debtor before the deed was executed--the creditors were not parties to the deed, nor consented to its execution--the deed contains no covenant by the trustees to sell and dispose of the estate for the benefit of his...   Cases  
Price v. Barr Litt.Sel.Cas. 216, Court of Appeals of Kentucky (April 16, 1816) 1816 FROM THE FAYETTE CIRCUIT COURT. This was an action upon the case, in which the plaintiff declared that on the 16th of August, 1810, at Lexington, &c. the defendant, by a certain writing, signed with the proper hands of the said plaintiff and the said defendant, the date whereof is the same day and year aforesaid, did sell to the said...   Cases  
Prime v. Yates 2 Tread. 770, Constitutional Court of Appeals of South Carolina (December 30, 1816) 1816 The question in this case is, whethe Prime the vendee, or Yates and others the attaching creditors of Lockwood, are entitled to the property attached. The first enquiry will be, whether Lockwood by transferring the vessel to Blagge, under whom Prime holds, had completely divested himself of any property in her. If he had, the claim of the creditors...   Cases  
Provost v. Provost 4 Mart.(o.s.) 506, Supreme Court of Louisiana (September 01, 1816) 1816 APPEAL FROM THE COURT OF THE FIFTH DISTRICT.   Cases  
Reeves v. Kershaw 4 Mart.(o.s.) 513, Supreme Court of Louisiana (September 01, 1816) 1816 APPEAL FROM THE COURT OF THE FIFTH DISTRICT.   Cases  
Roussel v. Dukeylus' Syndics 4 Mart.(o.s.) 218, Supreme Court of Louisiana (March 01, 1816) 1816 APPEAL FROM THE COURT OF THE FIRST DISTRICT.   Cases  
Russell v. Stinson 4 Tenn. 1, Supreme Court of Errors and Appeals of Tennessee (November 01, 1816) 1816 The facts to be collected from the bill, answer, depositions, and other evidence, are these: The State of North Carolina granted a tract of land, of which the lands in question are part, to Robert Carr, 1st November, 1786. He conveyed to Goodwin, 4th May, 1789. He conveyed to Beard part of these lands, to the amount of 250 acres; to Vance 249 1/4...   Cases  
Russell v. Stinson 4 Tenn. 56, Supreme Court of Errors and Appeals of Tennessee (November 01, 1816) 1816 If these lands were liable to satisfy the plaintiff's debt, it can not be correct to say that they ought to be subjected to a decree in equity, being a trust or equitable estate, and ought not to be subject by a fi. fa. If not liable at law, equity could not subject them merely because the estate was an equitable one. It could not, we think,...   Cases  
Sampson v. Payne's Ex'r 5 Munf. 176, Supreme Court of Appeals of Virginia (March 26, 1816) 1816 The Court, (not adopting the reasons of the Chancellor, nor deciding the question between the Appellees, as to contribution,) approves of the said Decree, except so much thereof as dismisses the Bill as to the Appellee, William Harrison; as to whom, though an action at law suggesting a devastavit might have been prosecuted against him, yet,...   Cases  
Scidmore v. Smith 13 Johns. 322 (January 01, 1816) 1816 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Scott v. Gibbon & Co. 5 Munf. 86, Supreme Court of Appeals of Virginia (February 21, 1816) 1816 1. A deed of marriage settlement executed before, and recorded after the marriage, but within the time required by law, is conclusive against the creditors of the husband, for debts contracted by him before the marriage. And this, although such deed was recorded upon the acknowledgment of the parties, without any privy examination of the wife. 2....   Cases  
Singstack's Ex'rs v. Harding 4 H. & J. 186, Court of Appeals of Maryland (June 01, 1816) 1816 The court are of opinion in this case, that the original sale to the appellee of the house and lot, was a good sale, the auctioneer being the agent of both parties, having entered the appellee's name in the auction book as the purchaser. The uniform current of the decisions have been, that such an entry was a sufficient memorandum in writing of the...   Cases  
Smock v. Warford 4 N.J.L. 306, Supreme Court of Judicature of New Jersey (January 01, 1816) 1816 1. Variance in sum between writ and judgment. 2. Evidence of set-off overruled. In error. This suit was instituted in the common pleas of Monmouth county, and there tried and removed into this court by writ of error. The summons was in debt, for $55.25. The declaration on a sealed bill, dated April 1st, 1797, for $55.25, with lawful interest, and...   Cases  
St. Maxent v. Puche 4 Mart.(o.s.) 193, Supreme Court of Louisiana (March 01, 1816) 1816 APPEAL FROM THE COURT OF THE FIRST DISTRICT.   Cases  
State v. Antonio 2 Tread. 776, Constitutional Court of Appeals of South Carolina (December 30, 1816) 1816 A due regard to the nature of the federal government, and the principles on which it is formed, will place this case in a clear point of view. As to the first ground, the federal government possesses no powers but such as are expressly given to it, or necessarily incident to those given. And the states in the formation of this government,...   Cases  
Stone v. Pointer 5 Munf. 287, Supreme Court of Appeals of Virginia (December 07, 1816) 1816 1. Under the Act of Assembly concerning Sheriffs, (Rev. Code, 2d Vol. p. 160,) the Sheriff, having received the bond of indemnity, is bound to sell the property taken in execution, whether it belongs to the debtor, or not. 2. In such case, there is no implied warranty by the Sheriff of the title to the property sold, nor implied promise to refund...   Cases  
Stovall v. London 5 Munf. 299, Supreme Court of Appeals of Virginia (December 14, 1816) 1816 1. Under what circumstances, in a suit in Equity for specific performance of an agreement for an exchange of lands, the Court may decree according to the prayer of the Bill, without a reference to a Commissioner of the plaintiff's title, though objected to by the defendant in his answer. 2. The most important circumstances in this case appear to...   Cases  
Terry v. Patton 4 Mart.(o.s.) 301, Supreme Court of Louisiana (May 01, 1816) 1816 APPEAL FROM THE COURT OF THE FIRST DISTRICT.   Cases  
The Edward 14 U.S. 261, Supreme Court of the United States (March 15, 1816) 1816 APPEAL from the circuit court for the district of Massachusetts. The offense charged in the information filed, in this case, in the district court of Massachusetts, is, that the ship Edward, on the 12th day of February, 1810, departed from the port of Savannah with a cargo, bound to a foreign port with which commercial intercourse was not...   Cases  
The Samuel 14 U.S. 9, Supreme Court of the United States (February 12, 1816) 1816 Prosecutions under the Non-Importation Laws are causes of admiralty and maritime jurisdiction, and the proceeding may be by libel in the admiralty. Technical nicety is not required in such proceedings; it is sufficient if the offence be described in the words of the law, and so set forth that, if the allegation be true, the case must be within the...   Cases  
The Sybil 6 Hall L.J. 509, Circuit Court, D South Carolina (June 01, 1816) 1816 Appeal from the district court of the United States for the district of South Carolina. In admiralty.   Cases  
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